Va. Code Ann. § 18.2-266.1

A. It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.

B. A violation of this section is a Class 1 misdemeanor. Punishment shall include (i) forfeiture of such person’s license to operate a motor vehicle for a period of one year from the date of conviction and (ii) a mandatory minimum fine of $ 500 or performance of a mandatory minimum of 50 hours of community service. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2. The penalties and license forfeiture provisions set forth in §§ 16.1-278.9, 18.2-270 and 18.2-271 shall not apply to a violation of this section. Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of § 18.2-271.1 and may, in the discretion of the court, be issued a restricted license during the term of license suspension.

C. Notwithstanding §§ 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.

Persons under age 21 driving after illegally consuming alcohol; penalty

It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol.

Any such person with a blood alcohol concentration of 0.02 percent or

More by weight by volume or 0.02 grams or

More per 210 liters of breath but less than 0.08 by weight by volume or

Less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.

A violation of this section is a Class 1 misdemeanor.Punishment shall include

Forfeiture of such person’s license to operate a motor vehicle for a period of one year from the date of conviction and

A mandatory minimum fine of $ 500 or performance of a mandatory minimum of 50 hours of community service.

This suspension period shall be in addition to the suspension period provided under § 46.2-391.2.

The penalties and license forfeiture provisions set forth in §§ 16.1-278.9, 18.2-270 and 18.2-271 shall not apply to a violation of this section.

Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of § 18.2-271.1 and may, in the discretion of the court, be issued a restricted license during the term of license suspension.

Va. Code Ann. § 18.2-266.1 Baby DUI

Notwithstanding §§ 16.1-278.8 and 16.1-278.9, upon adjudicating a juvenile delinquent based upon a violation of this section, the juvenile and domestic relations district court shall order disposition as provided in subsection B.

DUI In Virginia

Lawyers in Virginia

In Virginia, DUI is a very serious charge, now more than ever. Driving a motor vehicle after consuming alcohol or other drugs may result in being charged with drunk driving. Driving under the influence of alcohol, drunk driving, drinking and driving is commonly referred to as a DUI or DWI. In Virginia, a DUI is the same as a DWI.

DUI Laws In Virginia

Another type of offense is a DUID. DUID is driving under the influence of drug(s) or a combination of alcohol and drugs. Regardless of whether you have been charged with a DUI, DWI or DUID in Virginia, the penalties for a DUI conviction are very serious.

The penalties you receive from the court is only the beginning. You stand to lose your job, pay an exorbitant rate for car insurance, lose your ability to drive either completely or have your driving privileges extremely restricted.

The courts have had a lot of pressure put on them lately to not give any kind of break to those charged with an offense where drinking and driving (DUI in Virginia) are involved. These laws apply not only to automobiles, but also to boats and aircraft as well.

If you wish to consult with us about a DUI/DWI/DUID case, our attorneys in Virginia can be reached at 888-437-7747.

When the laws against drunk driving (DUI) were originally passed in Virginia, a person was convicted based on a variety of factors such as driving symptoms, field sobriety tests. The drunk driving laws (DUI laws) have evolved considerably and now the standard for determining if a person is driving under the influence is a lot more objective in Virginia. The drunk driving statutes (DUI laws) in Virginia today call for a variety of standardized tests and scientific test to determine if the person who is charged with a DUI in Virginia had a blood alcohol content over the legal limit.

The three main factors the Virginia courts use to determine whether a person is guilty of a DUI in Virginia is the officer’s observations of the accused at the time of offense, field sobriety tests (FSTs) and the intoxilyzer. The current model is the Intox ECR/II.

The Intoxilyzer is used to determine a person blood alcohol content (BAC). Through out the entire United States, a BAC of .08% or higher is deemed to be an illegal if driving.

Drinking while driving (DUI) is illegal in Virginia. However, it is only illegal to drive after drinking if your BAC is higher than the legal limit.

If you are under the age of 21 and you drink and drive (DUI) , even a BAC as low as .02% is enough to convict someone of drinking and driving. The blood-alcohol limit for aircraft pilots is 0.04%, and for commercial drivers 0.04% or 0.05%, depending upon the jurisdiction.

At SRIS, P.C., our Virginia attorneys handle DUI cases in Virginia regularly. Our job is to protect your rights. If you’ve been arrested for driving under the influence of alcohol or drugs, please make an appointment with one of our Virginia attorneys regarding your DUI defense in Virginia. Don’t wait until it’s too late to mount a defense. DWI’s and DUI’s are nothing to fool around with. Our Virginia attorneys will do their best to help you.

The Virginia DUI lawyers of SRIS, P.C. are ready to assist you if you have been charged with a DUI/DWI/DUID offense.

FIRST OFFENSE DUI IN VIRGINIA

shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250

If the person’s blood alcohol level was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days.

If the level was more than 0.20, for an additional mandatory minimum period of 10 days

SECOND OFFENSE DUI IN VIRGINIA

within less than five years

mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence

within a period of five to 10 years

mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence

second offense within 10 years of a prior offense and

If the person’s blood alcohol level was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of ten days and mandatory minimum fine of $500.

If the level was more than 0.20, for an additional mandatory minimum period of 20 days and mandatory minimum fine of $500.

shall be guilty of a Class 6 felony. with a mandatory minimum sentence of 90 days, with mandatory minimum fine of $ 1000/-.

shall be guilty of a Class 6 felony, with a mandatory minimum sentence of confinement for six months with mandatory minimum fine of $ 1000/-.

THIRD OFFENSE DUI IN VIRGINIA.

Third offense within 10 years:

If within 5 years

FOURTH OR SUBSEQUENT OFFENSE DUI IN VIRGINIA:

Within the period of ten years:

Upon conviction, with a mandatory minimum term of Imprisonment of One year. In addition, such person shall be fined a mandatory minimum fine of $1,000. Unless otherwise modified by the court, the defendant shall remain on probation and under the terms of any suspended sentence for the same period as his operator’s license was suspended, not to exceed three years.

VIRGINIA DUI OFFENSE

Confinement in jail for an additional mandatory minimum period offive days

Confinement in jail for an additional mandatory minimum period often days

SECOND OFFENSE DUI IN VIRGINIA

Within 5 years

Mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence

Confinement in jail for an additional mandatory minimum period of ten days and mandatory minimum fine of $500

For an additional mandatory minimum period of 20 days and mandatory minimum fine of $500

Within 10 years

Mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence

THIRD OFFENSE DUI IN VIRGINIA

Within 5 years

Guilty of a Class 6 felony, a mandatory minimum sentence of 90 days is imposed, with mandatory minimum fine of $ 1000/-.

Within 10 years

Guilty of a Class 6 felony, a mandatory minimum sentence of six months is imposed, with mandatory minimum fine of $ 1000/-.

FOURTH OR SUBSEQUENT OFFENSE DUI IN VIRGINIA

within a period of 10 years

Upon conviction, a mandatory minimum term of Imprisonment of One year is imposed. In addition, such person shall be fined a mandatory minimum fine of $1,000. Unless otherwise modified by the court, the defendant shall remain on probation or under the terms of any suspended sentence and in the same period his operator’s license may be suspended but this period is not to exceed three years.